Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026
Between 2023 and 2026, the Army tried 25 contested courts-martial that charged Article 115 (communicating threats). A defense counsel of record is listed in 24 of them, and the median prior-case count of the most experienced defense lawyer was 8.5.
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Short answer: Between 2023 and 2026, the Army tried 25 contested courts-martial that charged Article 115 (communicating threats). A defense counsel of record is listed in 24 of them, and the median prior-case count of the most experienced defense lawyer was 8.5. The median confinement was 5 months, compared with 1.5 years in all contested Army cases, and 45% of convicted enlisted members received a punitive discharge, compared with 68%.
Shorter Sentences Than in Other Contested Army Cases
Each case here was contested: the accused pleaded not guilty to at least one charge. Among those convicted, the median confinement was 5 months. Across all contested Army cases in 2023–2026, the median was 1.5 years. These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case.
Of convicted enlisted members, 45% received a bad-conduct discharge or a dishonorable discharge. In all contested Army cases, 68% did. A member with no punitive discharge in the sentence can still be separated administratively later.
Defense Experience in These Cases
Of the 25 cases, 24 list at least one defense counsel of record. The median prior-case count for the most experienced lawyer on each defense team was 8.5.
In 11 cases (46%), that lawyer had 10 to 19 prior cases. In 10 cases (42%), the count was 5 to 9. The remaining 3 cases (12%) fell in the 1 to 4 group. In no case did the most experienced defense lawyer have 20 or more prior cases, and every team had at least one lawyer with a prior case in the data.
| Prior cases (most experienced defense counsel) | Cases | Share |
|---|---|---|
| No prior cases | 0 | 0% |
| 1 to 4 | 3 | 12% |
| 5 to 9 | 10 | 42% |
| 10 to 19 | 11 | 46% |
| 20 or more | 0 | 0% |
The Meaning of Experience Here
Experience means how many courts-martial a lawyer had already been counsel of record on in this data before the trial date. Cases on either side count, but only Army cases. It is not a measure of skill, and cases from before the records start are not included.
The records do not identify a lead lawyer. Each case is therefore assigned to the experience group of its most experienced defense counsel of record. The figures do not rate or rank any lawyer.
Outcomes Across Experience Groups
The second table covers the 24 contested cases that reached a verdict and list a defense counsel. A partial acquittal means not guilty of at least one charge or specification and guilty of another.
In the 10 to 19 group, 45% of the 11 cases ended in a full acquittal and 55% in a partial acquittal. In the 5 to 9 group, 20% of the 10 cases ended in a full acquittal and 60% in a partial acquittal. In the 1 to 4 group, 2 of 3 cases ended in a full acquittal and 1 of 3 in a partial acquittal.
Each group holds few cases. The records do not show the evidence, plea offers, or who did the work. These rows describe how cases ended, not what effect experience had.
| Prior cases (most experienced defense counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| 1 to 4 | 3 | 2 of 3 | 1 of 3 |
| 5 to 9 | 10 | 20% | 60% |
| 10 to 19 | 11 | 45% | 55% |
Size of Each Defense Team
Of the 24 cases, 13 listed 2 defense counsel of record. Another 9 listed 1, and 2 listed 3 or more. When a team had more than 1 lawyer, the case is placed by the lawyer with the most prior cases, as described above.
Experience on Each Side of the Same Case
Lawyers are listed on both sides in 24 cases. Comparing the most experienced lawyer on each side, the defense counsel had more prior cases in 10 (42%) and fewer in 13 (54%). The rest were tied.
Trial Dates and Counsel Records
The cases were tried from March 2023 through March 2026. There were 8 in 2023, 9 in 2024, 4 in 2025, and 4 in 2026. The 2026 count is a partial year.
Army records list counsel names nearly completely from 2021. This page starts two years after that, so most lawyers have prior cases in the data. Name variants are merged as they are on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025 and mostly by surname, so they are excluded.
Rules and Record Limits
Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. For offenses after December 27, 2023, when every guilty finding is for such an offense, the military judge sets the sentence within new sentencing parameters. The records give trial dates, not offense dates, so trials from 2024 on mix old-rule and new-rule cases.
Trial records show the charges, pleas, findings, and sentence. They do not show the evidence, the plea terms, or conduct handled outside a court-martial.
For what the offense covers and how it is defended, see Article 115 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.
How We Counted
Army courts-martial with trial dates in 2023–2026 that charged Article 115 and had a not-guilty or mixed plea (25 cases). Counsel of record are as listed in the public records.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Counsel Experience (hub)
- Article 115 (Malingering Before 2019, Communicating Threats Since): Court-Martial Data and Trends (hub)
- Who Prosecuted Contested Army Article 115 Cases? Trial Counsel Experience, 2023–2026
- Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 131b Cases: Prior Cases and Verdicts, 2023–2026
- Article 115 explained on the law firm's website
- Search every case in Military Trial Results (members)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.